THE SENATE                           S.C.R. NO.            198
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE AUDITOR TO REVIEW THE OFFICE OF THE ATTORNEY
    GENERAL'S ACTIONS AND EXPENSES RELATED TO THE FELIX
    CONSENT DECREE, SPECIAL EDUCATION AND SECTION 504
    STUDENTS.


 1        WHEREAS, the Office of the Attorney General is charged
 2   with serving the interests of all citizens of the State of
 3   Hawaii; and
 4   
 5        WHEREAS, spending on children is an investment in Hawaii's
 6   future and the allocation of state funds for children's
 7   programs reflects our true priorities; and
 8   
 9        WHEREAS, state expenses require strict management during
10   this time of economic weakness; and
11   
12        WHEREAS, costs of programs and services for children--
13   education, mental health services, child protection, and other
14   vital services--face competition for limited funds as economic
15   conditions strain state budgets; and
16   
17        WHEREAS, the Office of the Attorney General is charged
18   with representing the State in actions brought by parents on
19   behalf of their children when mental health and related
20   services to be provided to the children in the public schools
21   are disputed in due process or other legal actions; and
22   
23        WHEREAS, an overwhelming number of these disputes
24   demonstrate that the required mental health or related services
25   have, in fact, not been provided to the children as required by
26   law; and
27   
28        WHEREAS, the Legislature believes that the public's
29   interest requires that public funds be expended for the highest
30   benefit of the children concerned, as a matter of public policy
31   and responsible fiscal management; and
32   
33        WHEREAS, the funds spent on litigation may exceed the cost
34   of providing the services in dispute, and in the overwhelming
35   majority of cases, are found to be the responsibility of the
36   State of Hawaii to be provided under the law; and
37   

 
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                                  S.C.R. NO.            198
                                                        
                                                        


 1        WHEREAS, the Office of the Attorney General now includes
 2   staff formally assigned to the Office of the Governor Felix
 3   Operations Manager, and that now is under the Attorney General
 4   Felix IEP Unit; and
 5   
 6        WHEREAS, this staff plays a substantial policy role as
 7   part of the Operations Management Team and acts as State
 8   liaison to the Maui Management Team and the Big Island Multi
 9   Interagency Team; now, therefore,
10   
11        BE IT RESOLVED by the Senate of the Twentieth Legislature
12   of the State of Hawaii, Regular Session of 2000, the House of
13   Representatives concurring, that the Legislature expresses its
14   strong interest that funds be expended for the purpose of the
15   development of an appropriate system of care meeting the needs
16   of children with educational and mental health challenges under
17   the Federal Individuals with Disabilities Education Act,
18   Section 504 of the Rehabilitation Act of 1973, delivering
19   services required to be provided to the children by law; and
20   
21        BE IT FURTHER RESOLVED that the Auditor is requested to
22   review the actions and policies of the Attorney General with
23   regard to litigation in the disputes discussed in this
24   Resolution to see if public policy is being upheld; and
25   
26        BE IT FURTHER RESOLVED that the Auditor is requested to
27   review the consistency of training, technical assistance, and
28   opinions provided by the office of the Attorney General to the
29   Department of Education and the Department of Health with
30   regard to Federal Law; and
31   
32        BE IT FURTHER RESOLVED that the Auditor is requested to
33   report findings and recommendations to the Legislature no later
34   than twenty days before the close of the 2000 regular session;
35   and
36   
37        BE IT FURTHER RESOLVED that certified copies of this
38   Concurrent Resolution be transmitted to the Auditor and the
39   Attorney General.
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43                         OFFERED BY:  ____________________________